Terms and Conditions
Definitions
and legal references
This Website (or this Application)
The property
that enables the provision of the Service.
Agreement
Any legally
binding or contractual relationship between the Owner and the User, governed by
these Terms.
Owner (or We)
First Rondo
LLC - The natural person(s) or legal entity that provides this Website and/or
the Service to Users.
Service
The service
provided by this Website as described in these Terms and on this Website.
Terms
Provisions
applicable to the use of this Website and Services in this or other related
documents, subject to change from time to time, without notice.
User (or You)
The natural
person or legal entity that uses this Website.
This document is an agreement
between You and First Rondo LLC.
You acknowledge and agree that by
accessing or using this website or using any services owned or operated by this
website, you have agreed to be bound and abide by these terms of service
(“Terms of Service”), our privacy notice (“Privacy Notice”) and any additional
terms that apply.
These Terms govern
in a legally binding way.
Capitalized words are defined in appropriate sections of this document.
The User must read this document
carefully.
If you do not agree to all of these Terms of Service and any additional terms that
apply to you, do not use this website.
Nothing in these Terms creates any
special relationship such as joint venture, employment, agency, or partnership
between the involved parties.
This Website is provided by:
First Rondo LLC
2620 Bellevue Way NE, #139
Bellevue, WA 98004
USA
Owner contact email: support@firstrondollc.com
Summary
of what the User should know
Terms
of use
Single or additional conditions of
use or access may apply in specific cases and are additionally indicated within
this document.
By using this Website, Users confirm
to meet the following requirements:
Content
on this Website
Unless otherwise specified all
Website Content is provided or owned by the Owner or its licensors.
The Owner has taken efforts to ensure
that the Website Content does not violate legal provisions or third-party
rights. However, it’s not always possible to achieve such a result.
In such cases, the User is requested
to report complaints using the contact details specified in this document.
Access
to external resources
Through this Website, Users may have
access to external resources provided by third parties. Users acknowledge and
accept that the Owner has no control over such resources and is therefore not
responsible for their content and availability.
Conditions applicable to any
resources provided by third parties, including those applicable to any possible
grant of rights in content, result from each such third party's terms and
conditions or, in the absence of those, applicable statutory law.
Acceptable
use
This Website and the Service may
only be used within the scope of what they are provided for, under these Terms
and applicable law.
Users are solely responsible for
making sure that their use of this Website and/or the Service violates no
applicable law, regulations or third-party rights.
Liability
and indemnification
EU
Users
Indemnification
The User agrees to indemnify and
hold the Owner and its subsidiaries, affiliates, officers, directors, agents,
co-branders, partners and employees harmless from and against any claim or
demand — including but not limited to lawyer's fees and costs —
made by any third party due to or in relation with any culpable use of or
connection to the Service, violation of these Terms, infringement of any
third-party rights or statutory provision by the User or its affiliates,
officers, directors, agents, co-branders, partners and employees to the extent
allowed by applicable law.
Limitation
of liability
Unless otherwise explicitly stated
and without prejudice to applicable statutory product liability provisions,
Users shall have no right to claim damages against the Owner (or any natural or
legal person acting on its behalf).
This does not apply to damages to
life, health or physical integrity, damages resulting from the breach of an
essential contractual obligation such as any obligation strictly necessary to
achieve the purpose of the contract, and/or damages resulting from intent or
gross negligence, as long as this Website has been
appropriately and correctly used by the User.
Unless damages have been caused by
way of intent or gross negligence, or they affect life, health or physical
integrity, the Owner shall only be liable to the extent of typical and
foreseeable damages at the moment the contract was
entered into.
Australian
Users
Limitation
of liability
Nothing in these Terms excludes,
restricts or modifies any guarantee, condition, warranty, right or remedy which
the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and
which cannot be excluded, restricted or modified (non-excludable right). To the
fullest extent permitted by law, our liability to the User, including liability
for a breach of a non-excludable right and liability which is not otherwise
excluded under these Terms of Use, is limited, at the Owner's sole discretion,
to the re-performance of the services or the payment of the cost of having the
services supplied again.
US
Users
Disclaimer
of Warranties
This Website is provided strictly on
an “as is” and “as available” basis. Use of the Service is at User's own risk.
To the maximum extent permitted by applicable law, the Owner expressly
disclaims all conditions, representations, and warranties — whether express,
implied, statutory or otherwise, including, but not limited to, any implied
warranty of merchantability, fitness for a particular purpose, or
non-infringement of third-party rights. No advice or information, whether oral
or written, obtained by User from Owner or through the Service will create any
warranty not expressly stated herein.
Without limiting the foregoing, the
Owner, its subsidiaries, affiliates, licensors, officers, directors, agents,
co-branders, partners, suppliers and employees do not
warrant that the content is accurate, reliable or correct; that the Service
will meet User's requirements; that the Service will be available at any
particular time or location, uninterrupted or secure; that any defects or
errors will be corrected; or that the Service is free of viruses or other harmful
components. Any content downloaded or otherwise obtained through
the use of the Service is downloaded at User's own risk and Users shall
be solely responsible for any damage to User's computer system or mobile device
or loss of data that results from such download or User's use of the Service.
The Owner does not warrant, endorse,
guarantee, or assume responsibility for any product or service advertised or
offered by a third party through the Service or any hyperlinked website or
service, and the Owner shall not be a party to or in any way monitor any
transaction between Users and third-party providers of products or services.
The Service may become inaccessible or it may not function properly with User's web
browser, mobile device, and/or operating system. The Owner cannot be held
liable for any perceived or actual damages arising from Service content,
operation, or use of this Service.
Federal law, some states, and other
jurisdictions, do not allow the exclusion and limitations of certain implied
warranties. The above exclusions may not apply to Users. This Agreement gives
Users specific legal rights, and Users may also have other rights which vary
from state to state. The disclaimers and exclusions under this agreement shall
not apply to the extent prohibited by applicable law.
Limitations
of liability
To the maximum extent permitted by
applicable law, in no event shall the Owner, and its subsidiaries, affiliates,
officers, directors, agents, co-branders, partners, suppliers and employees, be
liable for
This limitation of liability section
shall apply to the fullest extent permitted by law in the applicable
jurisdiction whether the alleged liability is based on contract, tort,
negligence, strict liability, or any other basis, even if the Owner has been advised
of the possibility of such damage.
Some jurisdictions do not allow the
exclusion or limitation of incidental or consequential damages,
therefore the above limitations or exclusions may not apply to User. The terms
give User specific legal rights, and User may also have other rights which vary
from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations
of liability under the terms shall not apply to the extent prohibited by
applicable law.
Indemnification
The User agrees to defend, indemnify and hold the Owner and its subsidiaries,
affiliates, officers, directors, agents, co-branders, partners, suppliers and
employees harmless from and against any and all claims or demands, damages,
obligations, losses, liabilities, costs or debt, and expenses, including, but
not limited to, legal fees and expenses, arising from
Common
provisions
No
Waiver
The Owner's failure to assert any
right or provision under these Terms shall not constitute a waiver of any such
right or provision. No waiver shall be considered a further or continuing
waiver of such term or any other term.
Service
interruption
To ensure the best possible service
level, the Owner reserves the right to interrupt the Service for maintenance,
system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner
may also decide to suspend or terminate the Service altogether. If the Service
is terminated, the Owner will cooperate with Users to enable them to withdraw
Personal Data or information in accordance with applicable law.
Additionally, the Service might not
be available due to reasons outside the Owner's reasonable control, such as
“force majeure” (eg. labor actions, infrastructural
breakdowns or blackouts etc).
Service
reselling
Users may not reproduce, duplicate,
copy, sell, resell or exploit any portion of this Website and of its Service
without the Owner's express prior written permission, granted either directly
or through a legitimate reselling program.
Intellectual
property rights
Any intellectual property rights,
such as copyrights, trademark rights, patent rights and design rights related
to this Website are the exclusive property of the Owner or its licensors.
Any trademarks and all other marks,
trade names, service marks, wordmarks, illustrations, images, or logos
appearing in connection with this Website and or the Service are the exclusive
property of the Owner or its licensors.
The said intellectual property
rights are protected by applicable laws or international treaties related to
intellectual property.
Changes
to these Terms
The Owner reserves the right to
amend or otherwise modify these Terms at any time. In such cases, the Owner
will appropriately inform the User of these changes.
Such changes will only affect the
relationship with the User for the future.
The User’s continued use of the
Website and/or the Service will signify the User’s acceptance of the revised
Terms.
Failure to accept the revised Terms
may entitle either party to terminate the Agreement.
Assignment
of contract
The Owner reserves the right to
transfer, assign, dispose, or subcontract any or all rights under these Terms.
Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer
their rights or obligations under these Terms in any way, without the written
permission of the Owner.
Contacts
All communications relating to the
use of this Website must be sent using the contact information stated in this
document.
Severability
Should any of these Terms be deemed
or become invalid or unenforceable under applicable law, the invalidity or
unenforceability of such provision shall not affect the validity of the
remaining provisions, which shall remain in full force and effect.
Last Updated: October 12, 2021